Extradition Treaties: Can You Be Extradited From Belize?

Belize has an extradition treaty with the United States, which was signed in 2000 and came into force in 2001. The treaty obliges both parties to extradite individuals to the other country who are wanted for prosecution or have been convicted of an extraditable offence.

However, in 2023, Belize's immigration minister, Godwin Hulse, stated that the country was ready to extradite Slovak murder suspect Karol Mello, but that Mello's lawyers had succeeded in blocking the extradition.

Extradition treaties

Belize's Extradition Act 2000 outlines the extradition treaties that Belize has with other countries. The Act states that the extradition treaties that Belize had with the United Kingdom, which continued after Belize's independence, are replaced by new treaties with the United States, Paraguay, South Africa, and Sri Lanka. The new treaties are designed to counter criminal activities more effectively.

The new extradition treaty with the United States, signed in 2000, enhances cooperation between the law enforcement communities of the two countries. It establishes the coverage of key offenses such as operating a continuing criminal enterprise, racketeering, money laundering, and firearms offenses. The treaty obligates both parties to extradite individuals to each other who are sought for prosecution or convicted of an extraditable offense. An extraditable offense is one that is punishable by deprivation of liberty for a period of more than one year or by a more severe penalty, such as capital punishment.

The extradition treaty with the United States also includes provisions for the temporary and deferred surrender of individuals, the seizure and surrender of property, and the rule of specialty, which states that an extradited individual can only be detained, tried, or punished for the offense for which extradition was granted or a differently-denominated offense based on the same facts. The treaty also outlines procedures for provisional arrest, extradition decision and surrender, representation and expenses, and consultation between the two countries.

Extradition from Belize to the US

The US and Belize have an extradition treaty in place, signed in 2000, which outlines the conditions under which Belize is obliged to extradite fugitives to the US. The treaty is reciprocal, meaning that the US is also obliged to extradite fugitives to Belize under the same conditions.

The treaty defines an extraditable offence as one that is punishable by imprisonment for more than one year or by a more severe penalty such as capital punishment. The treaty also covers attempts or conspiracies to commit such offences, as well as aiding or abetting them.

The treaty also includes a political and military offence exception, meaning that extradition shall not be granted for political offences. There are, however, three specific categories of offences that shall not be considered political offences:

• A murder or other violent crime against the physical integrity of a Head of State.
• Offences for which both parties have the obligation to extradite or submit the case for prosecution pursuant to a multilateral treaty.
• A conspiracy or attempt to commit, or aiding and abetting the commission of, the foregoing offences.

The treaty also includes provisions for:

• The temporary and deferred surrender of persons wanted for prosecution or serving a sentence in the requested state.
• The seizure and surrender of property relating to the offence for which extradition is granted.
• The rule of speciality, which states that a person extradited under the treaty may not be detained, tried, or punished in the requesting state for an offence other than that for which extradition has been granted.
• The waiver of extradition, where a fugitive consents to their surrender to the requesting state.
• Transit through the territory of one state of a person being surrendered to the other state by a third state.
• Representation and expenses, where the requested state shall bear the expenses of extradition and represent the interests of the requesting state in any proceedings.
• Consultation between the US Department of Justice and the Attorney General's Chambers in Belize on individual extradition cases or extradition procedures in general.
• The application of the treaty to offences committed before and after the date the treaty enters into force.
• The ratification and entry into force of the treaty.
• The termination of the treaty, which can be done by either state through written notice.

Extradition from the US to Belize

The US and Belize have had an extradition treaty since 2000, which was an update to the 1972 treaty between the US and the UK, which governed US-Belize extradition relations. The 2000 treaty obligates both parties to extradite individuals to the other country, subject to the conditions set out in the treaty.

The US has extradition treaties with 116 countries, and Belize is one of the few Central American countries with such a treaty. The US does not have extradition treaties with China, Indonesia, Iran, Mongolia, Russia, Taiwan, Ukraine, Vietnam, the GCC states, most African states, and most former Soviet states, among others.

The US-Belize treaty states that extradition shall be granted only if, under the law of the Requested State, the evidence presented is sufficient either to justify the committal for trial of the person sought if the offense had been committed in the Requested State or to prove that the person is the identical person convicted by the Requesting State. The Requested State must also promptly notify the Requesting State through the diplomatic channel of its decision on the extradition request.

If extradition is denied, the Requested State must provide an explanation of the reasons for the denial. If extradition is granted, the relevant authorities of the States must agree on the date and place for the surrender of the person. Pursuant to Paragraph 4, if the person sought is not removed from the territory of the Requested State within the time prescribed by the law of that State, the person may be discharged from custody, and the Requested State may subsequently refuse extradition for the same offense.

The US-Belize treaty also includes provisions for:

• Temporary and deferred surrender
• Requests for extradition made by several states
• Seizure and surrender of property
• Rule of speciality
• Waiver of extradition
• Transit
• Representation and expenses
• Consultation
• Application
• Ratification and entry into force
• Termination

Extradition and diplomatic relations

The United States, for example, has extradition treaties with 107 countries, but there are still countries with which it does not have such agreements. Notably, the US does not have an extradition treaty with China, and other countries such as Ecuador, Cuba, Bolivia, Nicaragua, Iceland, Switzerland, Venezuela, and Zimbabwe are known to refuse extradition requests from the US.

On the other hand, countries like Spain and Yemen are known to return fugitives even without official extradition treaties.

Even in nations with extradition treaties in place, geopolitical issues or legal concerns can lead to disputes over extradition. For instance, while Belize has an extradition treaty with the US, in 2000, the US Senate included a provision in the treaty that prohibited the extradition of fugitives to the International Criminal Court without the express consent of the US.

The case of Edward Snowden, a former CIA employee who leaked classified information, illustrates the complexities of extradition. Snowden fled to Hong Kong and then to Russia, which does not have an extradition treaty with the US. While Russia proposed a treaty with the US for the mutual extradition of criminals, the US never agreed to it, and Snowden was granted asylum in Russia.

Ultimately, the existence of diplomatic relations between two countries does not guarantee extradition, and the absence of diplomatic relations does not preclude it. Extradition is a complex legal process that is influenced by various factors, including the specific circumstances of the case, the political and legal landscape, and the diplomatic relations between the countries involved.

Extradition and legal issues

Extradition is a formal, cooperative law enforcement process between two countries in which a person who is accused or convicted of a crime in the first country, but who fled to the second country, can be legally extracted from that second country and returned to the first, where they can be processed by the justice system. Ordinarily, once a person crosses a national border, representatives from the first country cannot pursue them. Extradition counteracts this tactic by establishing cooperation between the law enforcement agencies of both the first and second countries.

Extradition treaties outline the specific offenses for which a person can and cannot be extradited from that country. For example, the U.S. could not extradite draft dodgers from Canada during the Vietnam era because draft evasion was not listed as an extraditable offense on the U.S./Canada extradition treaty. However, burglary and arson were listed as eligible offenses, so anyone suspected of those crimes could be apprehended by Canadian officials and handed over to U.S. law enforcement. Extradition treaties also outline the process of requesting and processing an extradition between the two countries.

The United States has extradition treaties with 107 countries worldwide. However, because every country must create its own extradition treaties, the United States' list of extradition treaties is likely to vary, at least slightly, from France's list, China's list, Russia's list, and so on. Likewise, any list of countries without extradition will vary depending upon the main country in question.

Belize has an extradition treaty with the United States. The Extradition Treaty Between the Government of the United States of America and the Government of Belize, signed at Belize on March 30, 2000, outlines the extradition process between the two countries. The treaty states that extradition "shall be granted only if the evidence is sufficient according to the law of the Requested State either to justify the committal for trial of the person sought if the offense had been committed in the Requested State or to prove that the person is the identical person convicted by the Requesting State". The treaty also states that extradition shall not be granted for a political offense.

In 2000, the Belizean government was ready to extradite Slovak murder suspect Karol Mello to his home country. However, Mello's lawyers succeeded in persuading a court to issue a preliminary injunction blocking the extradition.

While extradition treaties outline the process of extradition between two countries, they are not legally binding, so any country may choose to fulfill or deny any extradition request regardless of the existence or lack of a treaty or diplomatic relationship. For example, France has an extradition treaty with the United States, yet has been the home of Hollywood star Roman Polanski, who fled the US after pleading guilty to serious assault charges. Polanski has been free to continue living and working in France ever since.

In some cases, extradition from a foreign country isn’t necessary. Take the recent case of Sam Bankman-Fried, the founder of cryptocurrency exchange FTX, and a US citizen who was living in the Bahamas when indicted by the United States. Once Bankman-Fried was charged, his residence permit could have been cancelled and he would have had no legal basis to stay in the Bahamas. He could then have been shipped to his only country of citizenship, the United States.

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